■ What is the Status of Residence?
The sojourn of a foreigner refers to the state in which a foreigner enters Korea and stays for a certain period of time. The period of sojourn is divided into three categories: short-term stay, long-term stay, and permanent residence. The Immigration Control Act does not stipulate the terms short-term and long-term, but as a practical practice, long-term and short-term stays are classified based on 90 days, which is the standard for alien registration.
According to Article 17 of the Immigration Control Act, “foreigners may stay in Korea within the scope of their sojourn qualifications and length of sojourn,” so sojourn qualifications mean the basic framework governing the legal stay of foreigners. Residence status is a type of legal status that allows foreigners to engage in certain activities while staying in Korea. In of the Enforcement Decree of the Immigration Control Act, there are a total of 36 types of sojourn qualifications from the English alphabet A to H.
In principle, the status of sojourn is granted at the stage of visa issuance by a consul or immigration control official. However, a foreigner born in the Republic of Korea will be granted a residence permit within 90 days from the date of birth, and a foreigner who will stay without a residence permit due to reasons such as loss of Korean nationality or departure will be granted a residence permit within 30 days from the date of occurrence of the reason. In addition, if a foreigner residing in Korea intends to engage in an activity corresponding to a different status of sojourn after completing the activities corresponding to the existing status of sojourn, he or she must obtain permission to change the status of sojourn. For example, if a student visa holder gets a job as a researcher after graduating from university, the student status changes to a researcher status, which is called a change in status of residence. If a foreigner intends to engage in an activity (main activity) corresponding to the originally granted residence status and an activity (subsidiary activity) corresponding to another residence status, he or she must obtain permission to engage in activities other than the residence status.
Meanwhile, the transition process for the sojourn qualification system is as follows: First of all, when the Immigration Control Act was enacted in March 1963, there were regulations on entry qualifications instead of sojourn qualifications, and visas were classified into three categories according to entry qualifications: transit visas, tourist visas, and stay visas. Next, in December 1983, the Immigration Control Act was amended to delete three types of visas and change the entry qualification to the residence Ssatus. The types of sojourn qualifications, which were organized into 18 in 1983, were subdivided into 29 in 1993 and increased to 36 now. In 1998, the overseas Korean (F-4) status of residence was newly established, in 2002, the permanent residency (F-5) status of residence was newly established, in 2007, the visiting and working (H-2) status of residence was newly established, and in 2011, the marriage immigrant (F-6) status of residence was newly established. Lee Cheol-woo et al, 『Immigration Law』, Korea Immigration Foundation, Parkyoungsa, 2016, pp. 129- 130.
In this way, the history of immigration can be estimated by examining the process of change in the residence status and visa system, which can be said to be the essence of immigration work.

■ General Residence Status and Permanent Residence Status
Foreigners' sojourn is a concept that encompasses the temporary and permanent residence of foreigners within the territory of the Republic of Korea (territorial waters, airspace, and territory), and temporary residence includes short-term and long-term stays. In practice, the distinction between short-term and long-term is based on the 90-day period during which alien registration is possible. The Immigration Control Act, amended in March 2018, categorizes residence statuses into general residence statuses and permanent residency statuses, and specifies the period of sojourn and scope of activities according to each residence status.
According to the amended Immigration Control Act, Article 10-2 (General Residence Status), general residence statuses are divided into short-term and long-term residence statuses. Short-term stay status refers to a stay status that allows a person to stay in the Republic of Korea for a period of 90 days or less (or the period if it exceeds 90 days in accordance with a visa waiver agreement or reciprocity) for the purpose of tourism or a visit. Long-term residency refers to a sojourn that allows a person to reside in the Republic of Korea for more than 90 days for the purpose of studying abroad, training, investment, residency, marriage, etc. Types of short-term and long-term residency statuses, persons with residence statuses, and the scope of activities according to the residence statuses shall be determined by the Presidential Decree in consideration of the purpose of sojourn and employment activities.
Short-term stay status refers to a stay status that allows a person to stay in the Republic of Korea for the purpose of tourism or visiting a period of 90 days or less without the intention of residing for a long period of time. However, exceptions are made in cases where the visa waiver agreement or the principle of reciprocity permits the stay to exceed 90 days. For example, Canadian citizens can enter and stay in Korea without a visa for six months based on reciprocity. In the case of entering the country with a short-term stay status, permission to change the residence status is not permitted in principle, and alien registration cannot be performed. Short-term stay statuses include visa exemption (B-1), transit for tourism (B-2), temporary coverage (C-1), short-term visit (C-3), and short-term employment (C-4).
Long-term residency refers to the status of sojourn granted to foreigners who wish to reside in Korea for more than 91 days. This is different from the permanent resident status, which is permanently granted the status of a member of society in Korea. Foreigners who enter Korea with a long-term residence permit must register as aliens within 90 days of entry and must report a change of residence within 14 days whenever their address (place of residence) changes. In addition, if you meet certain residence requirements, income requirements, and Korean proficiency requirements, you can apply for permanent residence status or permission for naturalization. Long-term stay status includes A, D, E, F, H, etc.
■ Legalization of Requirements for Obtaining Permanent Residence (F-5) Status
The revised Immigration Control Act directly stipulates the requirements for obtaining permanent residence (F-5) qualification, which were previously specified in the enforcement decree, in the law, eliminating arbitrary judgments by administrative agencies on permanent residence qualification examinations as well as enhancing the effect of public disclosure of detailed requirements. increasing predictability. Looking at this in detail, it is as follows:
First, foreigners who have obtained permanent residence status are not limited in the scope of their activities or the period of their sojourn. Second, those who wish to obtain permanent residency must: have good conduct, such as complying with laws and regulations of the Republic of Korea; meet all the requirements, such as understanding the culture and having the basic knowledge necessary to continue living in Korea.
Third, among those seeking permanent residency, those who have made special contributions to Korea, those who have outstanding abilities in specific fields such as science, management, education, culture and the arts, and sports. For those who have invested more than a certain amount in the Republic of Korea, all or part of the above requirements for permanent residency can be relaxed or exempted. In other words, foreigners who have made special contributions to Korea or are expected to contribute to the national interest, such as persons of special merit, foreign talents, foreign investors, etc., are qualified to apply for permanent residency. However, even in this case, it is stipulated that good conduct is a prerequisite, meaning that we will not accept foreigners who have contributed to our society or who have acted against public safety or social order, even if they are excellent people, as members of our society. Immigration Law Research Association, Immigration Control Act made easy』, Korea Immigration Foundation, 2018. p.89.


■ Types of Residence Status and Employable Residence Status


Type
Residence Status
A
A-1 (Diplomatic)
A-2
(public service)
A-3
(agreement)


B
B-1 (visa exemption)
B-2 (tour pass)



C
C-1 (temporary coverage)
C-2
(short-term commercial use)
Deleted (2011.11.1)
C-3
(short-term visit)
C-4
(short term employment)

D
D-1 (Culture and Arts)
D-2 (study abroad)
D-3(technical training)
D-4(general training)
D-5(Reporting)
D-6
(religion)
D-7 (presidency)
D-8
(corporate investment)
D-9
(trade management)
D-10
(Job search)
E
E-1 (Professor)
E-2 (Language Instruction)
E-3
(Research)
E-4
(technical map)
E-5
(Professional Job)
E-6
(art performance)
E-7
(Specific Activities)
E-8
(training employment)
deleted(2007.6.1)
E-9
(non professional employment)
E-10
(Sailor employment)
F
F-1
(Visiting and living together)
F-2 (residence)
F-3
(Accompany)
F-4
(Overseas Korean)
F-5
(Permanent
Resident)
F-6
(marriage immigration)




G
G-1
(other)




H
H-1
(Tourism Employment)
H-2 (employment visit)





Residence Status is indicated by a combination of uppercase English letters and numbers (e.g., A-1), and the upper limit of the period of residence per residence status that can be granted at one time is stipulated in of the Enforcement Rules of the Immigration Control Act. When a consul issues a Korean visa, it is issued by listing the residence status and period of residence in the status column located at the bottom of the visa. In practice, the name of the visa is the name of each residence status. For example, the study abroad (D-2) visa is called a study abroad (D-2) visa in practice.

< Qualifications for Employment >

E
Those who intend to stay for a long time as professionals, arts and sports, and non-professionals
F
Those who intend to stay for a long time as professionals, arts and sports, and non-professionals
H
Those who intend to stay for a long time as professionals, arts and sports, and non-professionals



< Non-Employment Status >

A
Diplomats, foreign government officials, SOFA holders
B
A person who intends to enter the country under a visa waiver agreement or without a visa for a short-term stay
C
A person who intends to stay for a short period of time for the purpose of visiting relatives, sightseeing, field trips, attending meetings, or business
D
A person who intends to stay for a long period of time for the purpose of culture and art, studying abroad, media coverage, religious and missionary activities, dispatching expatriates, business investment and trade management, etc.


Residence status is an important policy tool that determines what kind of residence status is granted to foreigners and what activities are permitted. In addition, as a guideline for changes in status, such as permanent residency or nationality, it is possible to predict the field of activity or change in status in the future. Finally, from the standpoint of the immigration authorities granting the status of sojourn, it is reasonable to consider the function of the status of sojourn to maintain order and its impact on domestic politics, economy, society, and culture. It is necessary to secure In particular, for foreigners who have to make significant economic investments or relocate their bases of life on the premise of employment, legal and institutional support must be provided for stable settlement in Korea because the status of residence is the basis of life.

■ How to Calculate the Period of Residence
The period of sojourn is calculated from the day the foreigner enters the country, but the first day is not included. If the expiration date of the period of sojourn is a holiday, the expiration date is the next day (next day), and if it is a Saturday, the expiration date is the next day (next day). For example, David, an American national, entered Korea on March 8, 2018 on a short-term visit (C-3) 90-day visa. When will his period of residence expire? David's length of stay is calculated from March 9, 2018, the day after his arrival, so the total of March (23 days), April (30 days), and May (31 days) is 84 days. If 6 days are added to this, June 6, 2018, which is 90 days, should be the expiration date of the period of residence, but June 6 is a public holiday, so the next day (next day), June 7, is the expiration date of the Period of Residence. The upper limit of the period of residence for each eesidence atatus that can be granted at one time is as shown in the following

Residence Status
(sign)
Maximum Period of Residence granted at one time
Residence Status (sign)
Maximum Period of Residence granted at one time
1. Diplomacy
(A-1)
tenure
19. Professor (E-1)
5 years
2. Public Affairs
(A-2)
public duty period
20. Conversation Instruction (E-2)
2 years
3. Agreement
(A-3)
Duration of Status or Period of Sojourn under Agreement
21. Research (E-3)
5 years
4. Visa Exemption
(B-1)
Period of Residence under the agreement
22. Technical Instruction (E-4)
5 years
5. Tourist Pass
(B-2)
Period separately determined by the Minister of Justice
23. Professional
occupation
(E-5)
5 years
6. Temporary
coverage (C-1)
90 days
24. Performing Arts
(E-6)
2 years
7. Short-term
visit (C-3)
25. Specific activities
(E-7)
3 years

26. Non-professional
employment (E-9)
3 years
8. Short-term
employment (C-4)



9. Culture and
Arts (D-1)
2 years
27. Crew Employment
(E-10)
1 year
10. Study Abroad
(D-2)
2 years
28. Living together
by visiting (F-1)
2 years
11. Technical
training (D-3)
2 years
29. Residence
(F-2)
5 years
12. General
Training (D-4)
2 years
30. Accompaniment
(F-3)
A period determined by the accompanying person
13. Reporting
(D-5)
2 years
31. Overseas Koreans
(F-4)
3 years
14. Religion
(D-6)
2 years
32. Yeongju
(F-5)
10 years
15. Presidency
(D-7)
2 years
33. Marriage
Immigration (F-6)
3 years
16. Corporate
investment (D-8)
2 or 5 years
34. Other
(G-1)
1 year
17. Trade
Management (D-9)
2 years
35. Tourism
employment (H-1)
Period of Residence under the agreement
18. Job Search
(D-10)
6 months
36. Working visit
(H-2)
3 years

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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